AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law for Jails, Prisons and
Detention Facilities
Funeral Attendance & Prisoner Burial Issues
Public cemetery
commissioners did not violate Massachusetts' prisoner's rights to equal
protection under the state constitution or state statutes by denying his
request to purchase a burial plot for himself in the same cemetery in which
his wife, who he was convicted of murdering, was buried. LaCava v. Lucander,
No. 01-P-549, 791 N.E.2d 358 (Mass. App. 2003). [N/R]
278:21 Trial court should not have
granted summary judgment for deputy on prisoner's claim that a denial of
a request to attend his mother's funeral was cruel and unusual punishment;
prisoner, acting as his own lawyer, did not have sufficient notice or understanding
of the need to submit sworn affidavits in support of his claim that the
deputy denied his request in retaliation for his having filed complaints.
McPherson v. Coombe, #98-2635, 174 F.3d 276 (2nd Cir. 1999).
225:133 Negligent failure to allow prisoner
to attend his mother's funeral after authorization for leave was signed
was insufficient, if true, to state a claim for "cruel and unusual
punishment." Thomas v. Farley, 31 F.3d 557 (7th Cir. 1994).
Prisoner had no constitutional right to attend
his uncle's funeral; city policy statement on funeral attendance did not
give him an enforceable liberty interest in such attendance. Cruz v. Sielaff,
767 F.Supp. 547 (S.D.N.Y. 1991).